Legal Question in Criminal Law in California

I was falsely accused of shoplifting at a retail store in CA. I was stopped outside the store and was asked if they could have their items back. the only items i had were the ones i had just paid for at the register and I had the receipt. The told me to go back inside and follow them and I refused and left. They took my license number, called the police and the police showed up at my house just at the same time I did. I got out of the car, they searched my bags, they searched my purse and I gave them permission to search my car. They took my info for following up. What I want to know is, what are my rights? I feel that I was harassed and is there anything I can do about it? Also, will the police or the store be harassing me still now that the police have my info or will I be left alone. The even said it sounded like a mistake but I was FURIOUS. What can I do to make sure my name remains clear and is there anything I can do about the harassment?


Asked on 11/12/10, 11:29 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Not every crime report turns out to be correct. When a report is incorrect, the mistake is usually an innocent one. That seems to be what happened here. I'm sorry it happened to you, but it wasn't "harassment". Harassment is something that is done for the purpose of bothering the target. The actions you describe were done for the purpose of investigating a possible crime. That you turned out to be innocent does not change these basic facts.

Even if the store knowingly made a false accusation, you still would not have any rights against it. Reports to the police are privileged and cannot form the basis of a civil judgment. But knowingly making a false police report is a crime. People who make such reports can be punished even though they ordinarily can't be civilly liable as a result.

You ask what you can do to make sure your name remains clear. As far as I can tell, you have little reason to worry. You weren't arrested, so you don't have an arrest record. It seems very unlikely that you will be charged.

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Answered on 11/18/10, 9:12 am


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